A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 24, 2008, the Defendant received a summary order of KRW 1 million for the crime of violating road traffic law in the support of Ansan-gu Friwon method, which was issued a summary order of KRW 2 million for the same crime in the same court on March 22, 2012, and a summary order of KRW 5 million for the same crime in the same court on June 8, 2012, respectively.

On August 19, 2017, the Defendant driven B-to-land car at approximately 4 km from Honam-dong to the front road of about 342 under the influence of alcohol 0.111% during the blood transfusion on August 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home and a written appraisal of alcohol during blood;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is recognized that the defendant appears to have an attitude against the reason for sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures.

However, even though the Defendant had been sentenced three times to a fine for the same crime, the Defendant committed the instant crime. The blood alcohol concentration is not lower.

피고인은 술을 마신 지 5 시간이 지 나 술이 깼을 것이라고 생각하였다고

However, in light of the alcohol concentration among the blood of the defendant and the volume of the drinking that the defendant stated, it seems that this is an excessive proposal or that it is too inappropriate to vindicate the defendant.

A defendant operates an authorized brokerage office, and a person who is under the suspension of the execution of imprisonment without prison labor or heavier punishment under the Act on the Authorized Brokerage Agency is unable to register the establishment of the brokerage office, and a fine is requested to be sentenced.

One of such reasons, if the defendant is less and less narrowly punished than others.